StockMovers International AB, 556877-7238, (”StockMovers”) is a trading company with a web-based Market place. The website offers Sellers publishing space for stocklots they wish to sell.
This web-based market place is first and foremost for the purpose of selling surplus stock that the seller cannot offload through its normal channels.
The payment terms for Purchaser is normally on pre-payment unless another payment agreement has been agreed by Stockmovers. StockMovers immediately informs the Seller that an order has been received. The Seller is then in accordance with the Conditions (see below) obliged to deliver the product to the Purchaser. When the Seller DELIVERS (see definition below point 7) the product to the Seller they will receive payment from StockMovers.
The above description amounts to the Service.
These Conditions of Use, along with other conditions that StockMovers agree on with the client are the Conditions of Use for the Service. No verbal agreement can be regarded valid as a condition of use.
2. Product and Product advertisement
StockMovers retains the right to decide whether the Seller´s application to sell via StockMovers of certain Product publicises (Product Advertisement).
StockMovers can choose not to accept the Product Advertisement on the ground that it conflicts with current law or is unsuitable of ethical reasons etc.
The Seller will be informed within 72 hours from the time StockMovers received the Product advertisement on whether StockMovers approve the Product Advertisement or not.
The Product should be presented and described in accordance with the instructions provided in StockMovers website regarding Product Description. The Seller is responsible that the product description is correct and fair with regard to the Product.
It is the Sellers obligation to inform of any defect or negative aspect known to the Seller that may be attributed to the Product.
It is the Sellers responsibility that the Product / Product description do not in any way infringe on any patent or immaterial rights and is for sale according European law. The Seller´s responsibility is further extended not to infringe on any condition or application of the current law.
In the event that the Seller becomes aware that false information has been attributed to the Product they shall inform StockMovers immediately to that effect. The Seller accepts the responsibility to correct the Product Advertisement accordingly. StockMovers shall approve the correction prior to publication.
Linking or directing Product advertisements to any other conditions is not permitted.
3. Conveyance of Rights
The Seller hereby conveys to StockMovers the rights to on behalf of the Seller albeit in its own name market the Product in such a way as StockMovers find suitable with the aim to find a Purchaser for the Sellers product.
StockMovers retain the right even after the Product has been sold or Product advertisement removed to use the Product Advertisement in marketing the Service.
The Purchaser has the possibility to reserve whole or part of batch when paying depost of 30% of total value of order.
5. Withdrawal of a Product advertisement
It is the Sellers responsibility to withdraw a Product Advertisement in the event the Seller no longer wishes to sell the Product through StockMovers. Product Advertisements however cannot be withdrawn if there is a reservation or purchase order made by StockMovers.
The Purchaser shall contact StockMovers in writing prior to an order if there are any questions regarding the Product Advertisement. StockMovers will then forward the question to the Seller. When the answer has been received from the Seller StockMovers will inform the Purchaser in writing. N.B. StockMovers is not responsible for the accuracy or correctness of the answer from the Seller to the Purchaser regarding the Product Advertisement.
7. Price and delivery conditions
The price is given in SEK or EUR exclusive VAT and eventual local or import taxes.
The Product shall be Delivered according to the conditions laid down in the Sale of Goods Act 1990:931 §7 “If the goods shall be shipped to the buyer within the same city or in an area where the seller is usually responsible for the transport of similar goods, Delivery occurs when the goods are handed over to the buyer.
If the item otherwise be conveyed to the Purchaser and subject to a delivery clause or the agreement otherwise, the Delivery occurs when the goods are handed over to the carrier who has undertaken shipment from dispatch. If the Seller itself provides the transportation, Delivery takes place only when the goods are handed over to the Purchaser.
Have the goods sold "free", "delivered" or "free delivered" by reference to a particular place, they are not considered the submitted until it has come to this locality”
Consequently the Delivery shall be made accordingly to agreement.
When the Purchase Order has been received StockMovers will issue a delivery order to the Seller.
The Seller shall inform StockMovers in the event the Seller cannot deliver the Product within the agreed delivery time. StockMovers will immediately inform the Purchaser of this information.
8. Purchasers payment
All StockMovers price offers are based on pre-payment terms. StockMovers offers finical solutions. Other payment terms and conditions can be arranged after agreement with StockMovers.
9. Sellers compensation
When the Product is Delivered to the Purchaser the Seller shall send a delivery report to StockMovers providing information on type of delivery and parcel identification.
When StockMovers have received the complete delivery report can StockMovers prepare the necessary information regarding an invoice. The Seller can then send StockMovers an invoice amounting to the price and other terms and conditions set out in the Product Advertisement including the deduction for the agreed remuneration to StockMovers. The invoice shall have a payment due 30 days after the invoice date. Other terms can be agreed from case to case according to suppliers conditions and terms.
10. StockMovers right to compensation from Seller
StockMovers reserve the right to lift their remuneration when StockMovers have received the complete delivery report.
Any complaints, revoking or repayments in accordance with point 12 do not affect StockMovers right to compensation.
11. Delayed Delivery
If the Product in not Delivered with in two (2) working days after the agreed Date of Delivery the Purchaser has the right to revoke the purchase. Revoking shall be made through written communication. StockMovers shall immediately convey the order revoke explanation to the Seller. Revocation is without due effect in the case where the Product has been Delivered at a time when StockMovers rec¨
eive a revocation explanation.
12. Repayment to Purchaser
In cases when a Purchaser revokes a purchase in accordance with point 11 or Seller informs StockMovers that the Product cannot be delivered StockMovers will immediately repay the Purchaser.
13. Wrong or Faulty Products
The seller is always responsible for wrong or faulty products. StockMovers is not responsible for wrong or faulty Products. Purchasers may turn to StockMovers with claims or revocations after the Product has been Delivered to the Purchaser.
StockMovers responsibility for injury sustained by a Client while using the Service is limited to one (1) price base in accordance with Act on General Insurance (1992:381). StockMovers is never liable for loss of profits or other indirect losses. StockMovers is not either responsible for direct or indirect injuries sustained by a Purchaser for late Product Delivery or not at all. As described above, the only sanction that Members are entitled to enforce against StockMovers when using the Service.
StockMovers is released from sanction for not fulfilling its duties in accordance with the Conditions of Use, if the non-fulfilment of duties are of the character given below (release factors) and actually prevents, considerably complicates or delays fulfilment of these. The conditions shall among others include, governmental action or failure, new or changed legislation, labour market conflicts, blockades, Fire, Flooding or accidents of significant scope. During periods of above-mentioned conditions must Clients to the best of their ability strive to fulfil their obligations.
15. Premature cessation of Client account due to breach of these Terms or insolvency
Both StockMovers and Clients reserve the right to cancel the subscription with immediate effect.
- If StockMovers or the Client materially failed to perform their obligations under these Terms; or
- If StockMovers or Client suspends payments or is otherwise likely to have become insolvent.
StockMovers reserves the right to change the Conditions. Clients will be informed regarding the changes within a reasonable time prior to the changes enters into force. Changes will be posted on the site or supplied to members separately.
Members’ rights and /or obligations in accordance with the Conditions may not be, entirely or partly assigned or pledged without StockMovers written permission.
Termination or other notification shall be conveyed via e- mail to the address given by the Client in the account application or that given to StockMovers at a later date. StockMovers address is given on the website.
The notification shall be deemed to have been received at the time of dispatch.
19. Disputes and applicable law
Swedish law shall apply to any dispute against StockMovers and settled in Swedish General Courts with the District Court of Stockholm, Sweden, as exclusive competent Court in first instance.